Why is the beating of Joshua Graves not considered a "hate crime"? His attackers thought Joshua was "retarded." They beat him. Why is this not considered a hate crime against developmentally disabled children?

According to Dist. Atty. Christine Kenney, whose office is prosecuting the case, there is no Kansas hate crime statute under which a defendant could be charged. However, at sentencing a judge can consider whether a crime was motivated by bias, which might lead to a more severe penalty.